Relief for tens of thousands of rail passengers as 28,000 fare evasion prosecutions declared null and void
28 November 2024, 11:08
Tens of thousands of railway passengers are in line for a refund after 28,000 prosecutions for fare evasion were quashed in court.
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Some 28,631 prosecutions by Northern Rail and 41 by TransPennine Express brought against passengers using the single justice procedure (SJP) between August 6 2020 and May 21 2024 were declared null and void.
The railway companies were not allowed to use the SJP and the prosecutions were by ruled unlawful by Chief Magistrate Paul Goldspring during a two-minute hearing at Westminster Magistrates' Court on Thursday.
Mr Goldspring ruled in August that six "test cases" of prosecutions for alleged fare evasion brought by train companies should be declared a "nullity", adding that others would be dealt with in the same way.
Northern welcomed Thursday's outcome and apologised for the "errors".
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A spokesman said: "Customers affected by the issues raised in court will be contacted directly by HM Courts and Tribunal Service. We are unable to respond to individual queries at this time.
"Northern remains committed to ensuring that all our customers are treated fairly, which means ensuring all passengers who board our trains have a valid ticket."
The SJP was set up in 2015 to allow magistrates to decide on minor offences, such as using a television without a licence or driving without car insurance, without defendants going to court.
Rail companies were permitted to use the SJP in 2016 to privately prosecute fare evaders, but many have been brought under the Regulation of Railways Act 1889, which is not allowed under the procedure.
More hearings are set to take place regarding thousands of other train fare prosecutions.
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Mr Goldspring summed up his judgement by saying: "Parliament did not envisage these offences being prosecuted through the SJP.
"They should never have been brought through that process.
"This is, to my mind, a paradigm nullity.
"I'm satisfied that the correct approach is to declare each of the prosecutions void and a nullity."
